Commitments and Contingencies | Commitments and Contingencies Commitments Thales In June 2010, the Company executed a primarily fixed-price full-scale development contract (the “FSD”) with Thales Alenia Space France (“Thales”) for the design and build of satellites for Iridium NEXT. The total price under the FSD is $2.3 billion , and the Company expects payment obligations under the FSD to extend through 2018, subject to payments using bills of exchange as described below. As of September 30, 2017 , the Company had made aggregate payments of $1.9 billion to Thales, of which $1.5 billion was financed from borrowings under the Credit Facility, and which were capitalized as construction in progress within property and equipment, net in the accompanying condensed consolidated balance sheet. The Credit Facility was fully drawn in February 2017. Prior to the Credit Facility being fully drawn, the Company used the Credit Facility to pay 85% of each invoice received from Thales under the FSD, with the remaining 15% funded from cash on hand. The Company currently pays 100% of each invoice received from Thales from cash and marketable securities on hand or the issuance of a bill of exchange, a French law instrument of indebtedness similar to a promissory note. On July 26, 2017, the Company entered into Amendments 28 and 29 to its FSD contract. The Company signed Amendment 28 on May 18, 2017, but effectiveness was conditioned on the effectiveness of Amendment 29. Amendment 28 revised the liquidated damages and other cost provisions regarding delays to the Iridium NEXT program. Under Amendment 28, the Company agreed with Thales that liquidated damages for Thales production delays to date would be $30.0 million , with this amount to be used only to offset costs otherwise payable by the Company to Thales under the FSD with respect to past and future delays to the launch schedule from causes other than Thales, at agreed upon rates. Any portion of the $30.0 million remaining at the completion of the launch campaign will be forgiven. Liquidated damages owed to the Company from any future delays caused by Thales will remain payable in cash. Similarly, costs payable by the Company to Thales for non-Thales delays exceeding the $30.0 million will be payable in cash. Unless there are substantial future delays to the Iridium NEXT program, the Company expects this arrangement will result in no cash payments due to delays by either party. Amendment 29 provides for the deferral of approximately $100.0 million in milestone payments by the Company under the FSD for milestones that the Company expects to be completed in 2017 and 2018. Under Amendment 29, the Company will make these milestone payments using bills of exchange due in March 2019, with interest at a specified base rate (LIBOR or SWAP, depending on the term of the bill of exchange) plus 1.4% , with the bills of exchange guaranteed by Bpifrance Assurance Export S.A.S. (“BPIAE”). As of September 30, 2017, the milestone payments related to the Thales bills of exchange totaled an aggregate amount of $28.9 million , including $0.9 million of deferred financing costs. The net balance of $28.0 million is recorded as long-term debt within other long-term liabilities in the accompanying condensed consolidated balance sheet. Amendment 29 also requires that the Company pay Thales for the BPIAE premium on the guarantee in the amount of $1.0 million in cash at signing (which was recorded as original issue discount) plus 1.62% , to be paid by bills of exchange on the same terms as stated above, on each bill of exchange to be issued. The Company’s obligations to Thales that are currently scheduled to be paid, including the long-term bills of exchange, during the 12 months ending September 30, 2018 and 2019 are in the amounts of $247.2 million and $105.6 million , respectively, exclusive of fees and related interest. The timing of the Company’s obligations to Thales is based on current expectations regarding Thales’s manufacturing schedule and the targeted Space Exploration Technologies Corp. (“SpaceX”) launch schedule to complete the Iridium NEXT constellation in 2018. SpaceX In March 2010, the Company entered into an agreement with SpaceX to secure SpaceX as the primary launch services provider for Iridium NEXT (as amended to date, the “SpaceX Agreement”). The total price under the SpaceX Agreement for seven launches and a reflight option in the event of a launch failure is $453.1 million . The SpaceX Falcon 9 rocket is configured to carry ten Iridium NEXT satellites to orbit for each of these seven launches. In November 2016, the Company entered into an agreement for an additional launch with SpaceX to launch five additional satellites and share the launch services with GFZ German Research Centre for Geosciences (“GFZ”). The total price under this additional agreement with SpaceX for the shared launch is $67.9 million . GFZ will pay Iridium $31.8 million to share the launch services to launch NASA’s two Gravity Recovery and Climate Experiment Follow-On satellites. As of September 30, 2017 , the Company had made aggregate payments of $447.4 million to SpaceX, which were capitalized as construction in progress within property and equipment, net in the accompanying condensed consolidated balance sheet. Additionally, the Company received $28.6 million from GFZ as of September 30, 2017 . The Company’s obligations to SpaceX that are currently scheduled to be paid during the 12 months ending September 30, 2018 and 2019 are in the amounts of $63.4 million and $10.2 million , respectively. The timing of the Company’s obligations to SpaceX is based on the targeted SpaceX launch schedule to complete the Iridium NEXT constellation in 2018. Kosmotras In June 2011, the Company entered into an agreement with International Space Company Kosmotras (“Kosmotras”) as a supplemental launch service provider for Iridium NEXT (the “Kosmotras Agreement”). In June 2013, the Company exercised an option for one launch to carry two Iridium NEXT satellites. If the Company does not exercise any additional options, the total cost under the contract including this single launch will be $51.8 million . As of September 30, 2017 , the Company had made aggregate payments of $36.8 million to Kosmotras, which were capitalized as construction in progress within property and equipment, net in the accompanying condensed consolidated balance sheet. In June 2015, the Company agreed with Kosmotras to replace the remaining options with a new set of options to purchase up to six dedicated launches. Kosmotras has to date been unable to obtain permission to launch the Company’s satellites. If permission is not obtained, the Company may be unable to recover the amounts already paid to Kosmotras. The Company’s obligations to Kosmotras that are currently scheduled to be paid during the 12 months ending September 30, 2019 are $15.0 million , based on the earliest date the Company may include Kosmotras in its launch schedule. Iridium NEXT Launch and In-Orbit Insurance The Credit Facility requires the Company to obtain insurance covering the launch and first 12 months of operation of the Iridium NEXT satellites. The launch and in-orbit insurance the Company has obtained contains elements, consistent with the terms of the Credit Facility, of self-insurance and deductibles, providing reimbursement only after a specified number of satellite failures. As a result, a failure of one or more of the Company’s NEXT satellites, or the occurrence of equipment failures and other related problems, could constitute an uninsured loss or require the payment of additional premiums and could harm the Company’s financial condition. Furthermore, launch and in-orbit insurance does not cover lost revenue. The total premium for the Company’s current launch and in-orbit insurance is $118.2 million ; as of September 30, 2017 , the Company had made aggregate premium payments of $63.5 million . The Company’s insurance premium obligations to be paid during the 12 months ending September 30, 2018 are $54.7 million . The timing of the majority of the Company's obligations to the insurers is based on the targeted SpaceX launch schedule to complete the Iridium NEXT constellation in 2018. Credit Facility The Company estimates the aggregate costs associated with the design, build and launch of Iridium NEXT and related infrastructure upgrades through 2018 to be approximately $3 billion . In October 2010, the Company entered into a $1.8 billion credit facility with a syndicate of bank lenders (as amended to date, the “Credit Facility”). As of September 30, 2017 , the Company reported an aggregate total of $1.8 billion in borrowings, including $104.2 million of deferred financing costs, for a net balance of $1,695.8 million in borrowings from the Credit Facility in the accompanying condensed consolidated balance sheet. Pursuant to the Credit Facility, the Company maintains a minimum cash reserve for debt repayment in a debt service reserve account (the “DSRA”). As of September 30, 2017 , the minimum required cash reserve balance was $102.0 million , which is classified as restricted cash in the accompanying condensed consolidated balance sheet. On July 26, 2017, the Company amended and restated the Credit Facility by a supplemental agreement. The Credit Facility delays $54.0 million of the Company’s DSRA contributions previously scheduled to be made in 2017, refunded to the Company $33.0 million in contributions made to date, and provides for a refund to the Company of an additional $11.0 million in contributions made to date in the event that the Company’s projected Available Cash (as defined in the Credit Facility) falls below $35.0 million on a three-month forward-looking basis through March 2019. The delay and refunds are effective through the end of March 2019, at which time the DSRA must be fully funded to the previously agreed amount of $189.0 million . The Credit Facility also requires that the Company establish a new restricted account to receive payment of hosting fees from the Company's primary hosted payload customer, Aireon LLC. Up to $50.0 million of hosting fees received from Aireon will be placed in the restricted account, which the Company could access should the Company’s projected Available Cash fall below the $35.0 million three-month forward-looking Available Cash threshold described above. Aireon hosting fees received in excess of $50.0 million will be used to replenish the DSRA and to secure the payment of the Thales bills of exchange described above. The Credit Facility does not require the Company to raise additional equity, but it does require the Company to temporarily suspend dividend payments on its Series A Preferred Stock and Series B Preferred Stock for five quarters. As previously announced, in anticipation of this requirement, the Company began this suspension with the dividend payments payable on June 15, 2017. Prior to the Credit Facility being fully drawn, the Company paid interest on the outstanding principal balance under the Credit Facility on a semi-annual basis in April and October through a combination of a cash payment and a deemed additional loan. The Credit Facility was fully drawn in February 2017, and beginning in April 2017, interest is being paid in cash. Interest costs incurred under the Credit Facility were $21.9 million and $64.7 million for the three and nine months ended September 30, 2017 , respectively, and $19.8 million and $57.0 million for the three and nine months ended September 30, 2016 , respectively. Scheduled semi-annual principal repayments will begin on March 31, 2018. During this repayment period, interest will be paid on the same date as the principal repayments. All interest costs incurred related to the Credit Facility have been capitalized during the construction period of the Iridium NEXT assets. The funding plan for the $3 billion in costs includes the substantial majority of the funds drawn under the Credit Facility, together with cash and marketable securities on hand, and internally generated cash flows, including contracted cash flows from hosted payloads. There can be no assurance that internally generated cash flows, including those from hosting and data services on the Iridium NEXT satellites, will meet the Company’s current expectations. If sufficient cash flows are not generated, or if the cost of implementing Iridium NEXT or the other elements of the Company’s business plan are higher than anticipated, the Company may need further external funding. The ability to obtain additional funding may be adversely affected by a number of factors, including global economic conditions, and such funding may not be available on reasonable terms or at all. If the Company is not able to secure such funding in a timely manner, the ability to maintain the network, to design, build and launch Iridium NEXT and related ground infrastructure, products and services, and to pursue additional growth opportunities will be impaired, and the Company would likely need to delay some elements of the Iridium NEXT development. The Company’s liquidity and the ability to fund its liquidity requirements also depend on the Company’s future financial performance, which is subject to general economic, financial, regulatory and other factors that are beyond the Company’s control. The Company believes that its liquidity sources will provide sufficient funds for it to meet its liquidity requirements for at least the next 12 months . Contingencies From time to time, in the normal course of business, the Company is party to various pending claims and lawsuits. The Company is not aware of any such actions that it would expect to have a material adverse impact on its business, financial results or financial condition. |